Roberts v. Galanos

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATION as set out. The Court also finds that the reason set forth in Footnote 4 at page 4 of the R&R should also be a basis for the denial of the habeas petition, as the petitioner was no longer in custody under the conviction which petition sought to attack. Signed by Judge Callie V. S. Granade on 11/5/2014. (copy mailed to Pet on 11/7/14) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
RAYMOND ROBERTS,
#117244,
Petitioner,
vs.
CARTER DAVENPORT,
Respondent.

)
)
)
)
)
)
)
)
)
)

CIVIL ACTION NO. 13-0485-CG-B

ORDER
After due and proper consideration of all portions of the issues raised, and a
de novo determination of those portions of the recommendation to which objection is
made, the recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(l)(B) and dated October 1, 2014, is ADOPTED as the opinion of this Court,
with the following addition:
The Court also finds that the reason set forth in Footnote 4 at page 4 of the
Report and Recommendation should also be a basis for the denial of the habeas
petition, as the petitioner was no longer in custody under the conviction which his
petition sought to attack.
DONE and ORDERED this 5th day of November, 2014.
/s/ Callie V. S. Granade
UNITED STATES DISTRICT JUDGE